This is the second episode of "Cross-examining AI", HSF Kramer's podcast series on disputes and AI where we unpack the key developments in AI that are shaping litigation. In this episode we give an update on privilege and AI in the US, find out why not to use ChatGPT to develop a corporate strategy, and finally discuss how AI is being used in the world of international arbitration. This episode is hosted by Camilla Macpherson, a knowledge lawyer in our disputes team. Camilla is joined by Alan R. Friedman, a counsel in our New York disputes team, Nick Tonckens, an associate in our New York disputes team and Liz Kantor, a knowledge counsel in our global arbitration team.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

• Civil Justice Council publishes consultation on use of AI for preparing court documents
• New York court finds client chats with generative AI tool Claude are not privileged
• US courts find privilege applies to use of public AI tools by self-represented litigants
• Delaware Court of Chancery reinstates seller CEO and extends earnout payment window, as buyer’s ChatGPT strategy fails
• AI-volution in Arbitration: the new Chartered Institute of Arbitrators (CIArb) Guidelines

In this episode of On Just Terms, Jason Betts and Melissa Gladstone continue their conversation with Stuart Price, CEO of CASL, focusing on the practical realities of litigation funding.

The discussion examines how funders balance commercial returns with fairness to group members, manage competing stakeholder interests, and respond to evolving market dynamics, including contingency fees, legal finance models and emerging technologies shaping the future of complex litigation.

This is the 36th episode of our series of commercial litigation update podcasts. In this episode we discuss class actions, AI, a number of privilege cases including one of the most important decisions in that area in the past few years, and an interesting decision on service of proceedings. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Julian Copeman, a disputes partner, and Tracey Lattimer, a knowledge lawyer in our disputes team.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

• Law Commission to consider introduction of opt-out consumer class actions regime
• Cross-examining AI – Episode 1: Civil Justice Council AI consultation and latest developments in AI and privilege
• US courts find privilege applies to use of public AI tools by self-represented litigants
• Upper Tribunal finds privilege applied to whether Boris Johnson sought legal advice on the lawfulness of the Covid-19 lockdown
• High Court finds company could not assert privilege against former director over legal advice she had seen at the time
• High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications
• Court of Appeal finds English courts lack jurisdiction over sanctioned individual who is not permitted to enter the UK

See podcast episode transcript here.